Information Commissioner's Office

Waverley Borough Council

27 November 2007, Local government (Borough council)

The complainant contacted the Council to request a copy of clause 3 of the conditional contract signed by the Council and the developer in April 2003 concerning the development of East Street in Farnham. The Council responded to the request refusing to disclose this information, as it considered that it was exempt from disclosure under section 43 of the Act. The Commissioner has reviewed the requested information and he has concluded that, with the exception of subsection 3.3.4.1 of the contract, the Council were incorrect to rely of section 43 of the Act and therefore that this information should be released to the complainant. Concerning subsection 3.3.4.1, the Commissioner accepted that section 43 of the Act is engaged and that, for this specific information, the public interest in maintaining this exemption outweighs the public interest in releasing this subsection of the contract.

FOI 43: Partly upheld